81 FR 20412 - Notice of Realty Action: Non-Competitive Direct Sale, Renunciation, and Conveyance of the Reversionary Interests in Recreation and Public Purpose Act Patents in Glennallen, Alaska

DEPARTMENT OF THE INTERIOR
Bureau of Land Management

Federal Register Volume 81, Issue 67 (April 7, 2016)

The Bureau of Land Management (BLM), Glennallen Field Office is considering a request by SEND North (SEND) to purchase the Federal Government's reversionary interest at current Fair Market Value of $210,000 for up to 210 acres of partially developed lands established under the Recreation and Public Purposes Act (R&PP) in Glennallen, Alaska. The BLM is also considering the renunciation of reversionary interest for an associated 2.5-acre patented parcel of land, authorized under the R&PP Act in Glennallen, Alaska, which was used as a medical sewage lagoon by SEND.

[Federal Register Volume 81, Number 67 (Thursday, April 7, 2016)]
[Notices]
[Pages 20412-20414]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-08026]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLAKA02000.L14400000.FR0000.241A; A-042498; A-058393]


Notice of Realty Action: Non-Competitive Direct Sale, 
Renunciation, and Conveyance of the Reversionary Interests in 
Recreation and Public Purpose Act Patents in Glennallen, Alaska

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of realty action.

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SUMMARY: The Bureau of Land Management (BLM), Glennallen Field Office 
is considering a request by SEND North (SEND) to purchase the Federal 
Government's reversionary interest at current Fair Market Value of 
$210,000 for up to 210 acres of partially developed lands established 
under the Recreation and Public Purposes Act (R&PP) in Glennallen, 
Alaska. The BLM is also considering the renunciation of reversionary 
interest for an associated 2.5-acre patented parcel of land, authorized 
under the R&PP Act in Glennallen, Alaska, which was used as a medical 
sewage lagoon by SEND.

DATES: Interested parties may submit comments regarding the proposed 
sale and renunciation of the lands until May 9, 2016.

ADDRESSES: Send written comments to the Field Manager, Glennallen Field 
Office, P.O. Box 147, Glennallen, AK 99588.

FOR FURTHER INFORMATION CONTACT: Joseph Hart, Realty Specialist, Bureau 
of Land Management, Glennallen Field Office at 907-822-3217. Persons 
who use a telecommunications device for the deaf (TDD) may call the 
Federal Information Relay Service (FIRS) at 1-800-877-8339 to contact 
the above individual during normal business hours. The FIRS is 
available 24 hours a day, 7 days a week, to leave a message or question 
with the above individual. You will receive a reply during normal 
business hours.

SUPPLEMENTARY INFORMATION: In 1961, a 210-acre parcel of Federal land 
was

[[Page 20413]]

patented (patent number 1221491) to Central Alaska Missions Inc. (CAM) 
under the authority of the R&PP Act of June 14, 1926, as amended, 43 
U.S.C. 869, et seq. The non-profit CAM came to Glennallen, Alaska in 
1957 to assist the Glennallen community and the surrounding area with 
not-for-profit education, medical, and religious services. In 1963, an 
additional 2.5 acres was patented (patent number 1232741) under the 
same authority for the creation of a sewage lagoon to support the 
medical facility constructed on the previous patented land. The patents 
were subsequently transferred under provisions of the R&PP Act to the 
current non-profit SEND North (SEND).
    The purpose for which the lands can be used is restricted by a 
reversionary clause in the patents, which returns title to the United 
States if the tracts are used for other purposes not provided for in 
the patents. The purpose of the direct sale is to dispose of the 
reversionary interests in the patented lands which represent certain 
restrictions and conditions that prevent SEND from using the land for 
other purposes. The purpose of the renunciation is to release the 
United States from liability for the sewage treatment lagoon. The 
parcels proposed for direct sale and renunciation of the reversionary 
interests are located in the business center of Glennallen, Alaska and 
consist of two surveyed parcels containing approximately 210 acres and 
2.5 acres and are described as:

Copper River Meridian, Alaska

T. 4 N., R. 2 W.,
    Sec. 23, NE\1/4\, SE\1/4\SE\1/4\SE\1/4\SW\1/4\, NW\1/4\NE\1/
4\SE\1/4\ and NW\1/4\SE\1/4\.
    The areas described aggregate 212.50 acres.

    The purpose of the direct sale and renunciation of the reversionary 
interests is so the lands, patented to SEND, can be sold, transferred, 
and/or used for other purposes. The R&PP Act reversionary clause in the 
patents requires the patents be sold only to those qualified under the 
R&PP Act and is used only for the purposes allowed under the R&PP Act, 
or the patented land will revert back to the United States. These 
parcels of land are located in the business center of Glennallen, which 
is in a rural part of Alaska. SEND has experienced difficulty in 
attracting potential buyers because of the reversionary clause in the 
patents. SEND cannot find a buyer who is interested in the land and who 
qualifies under the R&PP Act. A direct sale and renunciation of the 
reversionary interests will allow SEND to sell or transfer the 
properties to any citizen or organization in the United States and to 
use the lands for any purpose, without the threat of a reversion of the 
title for breach of patent conditions. This sale and renunciation would 
reduce the Federal Government's and the BLM's liability in relation to 
both parcels and allow for the merger of property interests to occur.
    The non-competitive, direct sale and release are consistent with 
the East Alaska Resource Management Plan approved in September 2007. 
Authority for the sale and release of the reversionary interests is in 
conformance with Section 202 of the Federal Land Policy and Management 
Act (FLPMA) of October 21, 1976, as amended, and Section 203, whereas 
the Secretary determines that the sale of the parcel meets the 
following disposal criteria: Such tract is difficult and uneconomic to 
manage because of its location or other characteristics, such as the 
subject's history of use, current level of development, and is neither 
required nor suitable for management by another Federal department or 
agency. The lands are being offered for sale and renunciation using 
direct sale procedures pursuant to 43 CFR 2711.3-3. The renunciation of 
the reversionary interest in the 2.5 acres would take place pursuant to 
43 CFR 2743.4, as they meet the criteria identified in National BLM 
Handbook H-2740-1, Chapter X: Solid Waste or Other Purposes That May 
Include the Disposal, Placement, or Release of a Hazardous Substance. 
The reversionary interest in this land will be offered by direct sale 
to SEND at the Fair Market Value (FMV) of $210,000 according to an 
appraisal report for the 210-acre parcel located in the NE \1/4\ and SE 
\1/4\ of section 23. The 2.5-acre parcel located in the SW \1/4\ of 
section 23 containing a sewage lagoon will be renounced without payment 
by SEND. The appraisal report is available for public review at the BLM 
Glennallen Field Office at the address above.
    Upon publication of this notice in the Federal Register, the lands 
will be segregated from all other forms of appropriation under the 
public land laws, including the general mining laws, except for lease 
under the R&PP Act, leasing under the mineral leasing laws, and 
disposals under the mineral material disposal laws.
    Upon completion of this action, the identified parcels would no 
longer be subject to having title revert to the Federal Government 
under the R&PP Act as described in patents 1221491 and 1232741. All 
other terms and conditions of these patents will apply. The direct sale 
and renunciation of the reversionary interest of these lands will be 
made subject to the provisions of FLPMA, the applicable regulations of 
the Secretary of the Interior, all valid existing rights, and the 
following reservations:
    1. A right-of-way thereon for ditches or canals constructed by the 
authority of the United States, Act of August 30, 1890 (43 U.S.C. 945); 
and
    2. All minerals, together with the right to prospect for, mine, and 
remove such deposits from the same under applicable law and such 
regulations as the Secretary of the Interior may prescribe.
    3. Valid existing rights.
    The purchaser, by, respectively, purchasing the reversionary 
interests, and accepting the renunciation of the interests of the 
United States agrees to indemnify, defend, and hold the United States, 
its officers, agents or employees harmless from any costs, damages, 
claims, causes of action, penalties, fines, liabilities, and judgments 
of any kind arising from the past, present or future acts or omissions 
of the purchaser, its employees, agents, contractors, or lessees, or 
third-party arising out of or in connection with the purchaser's 
acceptance of the aforementioned release or purchaser's use and/or 
occupancy of the land involved resulting in: (1) Violations of Federal, 
State, and local laws and regulations that are now, or in the future 
become, applicable to real property; (2) judgments, claims or demands 
of any kind assessed against the United States; (3) Cost, expenses, or 
damages of any kind incurred by the United States; (4) Releases or 
threatened releases of solid or hazardous waste(s) and/or hazardous 
substances(s), as defined by Federal or State environmental laws, off, 
on, into or under land, property, and other interests of the United 
States; (5) Other activities by which solids or hazardous substances or 
wastes, as defined by Federal and State environmental laws are 
generated, released, stored, used, or otherwise disposed of on the land 
involved, and any cleanup, response, remedial action or other actions 
related in any manner to said solid or hazardous substances or wastes; 
or (6) Natural resource damages as defined by Federal and State law. 
Patentee shall stipulate that it will be solely responsible for 
compliance with all applicable Federal, State, and local environmental 
and regulatory provisions, throughout the life of the facilities, 
including any closure and/or post-closure requirements that may be 
imposed with respect to any physical plant and/or facilities upon the 
land involved under any Federal, State, or local environmental laws or 
regulatory provisions. This covenant shall be

[[Page 20414]]

construed as running with the land and may be enforced by the United 
States in a court of competent jurisdiction.
    No warranty of any kind, express or implied, is given by the United 
States in connection with the sale or release of the reversionary 
interest. The documentation for land use conformance, National 
Environmental Policy Act procedures, a map, and the approved appraisal 
report covering the proposed sale, are available for review at the BLM 
Glennallen Field Office at the address listed above.
    Classification Comments: Interested persons may submit comments on 
the non-competitive, direct sale, renunciation, and conveyance of the 
reversionary interests in these public lands. Comments on the 
classification is restricted to whether the lands are physically suited 
for the sale, renunciation, and conveyance, whether the use will 
maximize the future use or uses of the land, whether the use is 
consistent with local planning and zoning, or if the use is consistent 
with State and Federal programs.
    Interested persons may submit comments regarding the non-
competitive, direct sale and renunciation of the reversionary interests 
and conveyance of reversionary interests, and whether the BLM followed 
proper administrative procedures in reaching the decision for the 
direct sale or renunciation of these reversionary interests.
    Only written comments submitted by postal service or overnight mail 
to the Field Manager, BLM Glennallen Field Office, will be considered 
properly filed. Electronic mail, facsimile, or telephone comments will 
not be considered properly filed.
    Before including your address, phone number, email address, or 
other personal identifying information in your comment, you should be 
aware that your entire comment--including your personal identifying 
information--may be made publicly available at any time. While you can 
ask us in your comment to withhold your personal identifying 
information from public review, we cannot guarantee that we will be 
able to do so.
    Any adverse comments will be reviewed by the BLM Alaska State 
Director, who may sustain, vacate, or modify these realty actions. In 
the absence of any adverse comments, the decision will become effective 
May 9, 2016. The reversionary interests will not be offered for sale or 
renounced until after the decision becomes effective.

(Authority: 43 CFR 2741.5)

Callie Webber,
Acting Anchorage District Manager.
[FR Doc. 2016-08026 Filed 4-6-16; 8:45 am]
 BILLING CODE 4310-JA-P